RELEASE OF LIABILITY
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM AGREEING TO RELEASE THE RELEASED PARTIES FROM LIABILITY. I HAVE THEREFORE BEEN ADVISED TO READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.
RELEASED PARTIES: This Waiver and Release of Liability is entered into by the undersigned “Participant” in favor of the City of Houston Texas, Houston Sports Park LGC, The Cats Den LLC, Houston SaberCats Academy LLC, and the directors, officers, employees, volunteers, members, agents, contractors, sub-contractors, contracted entities and facilities and the owners and lessors thereof, (hereinafter referred to collectively as the “Released Parties”) for activities to be conducted at SaberCats Stadium and its related facilities (“Stadium”).
LICENSEE: Certain parties license the use of the Stadium from The Cats Den LLC. The party (“Licensee”) who has licensed the Stadium is solely responsible for the safe operation of events at the Stadium. The party licensing the Stadium for the event which I am attending is: Houston SaberCats Academy LLC .
ACTIVITIES: Licensees of Stadium may be conducting activities which even when conducted with full intent to safeguard the participants from injury or death could still be hazardous and present serious risk of short-term injury, long term injury and even death because of the inherent risk of the Activities. Participants agree to evaluate all proposed activities and further agree to decline to participate in any activities which the Participant deems to present a risk of injury or death which Participant is unwilling to accept.
As the Participant, I understand that participation in activities at the Stadium is a privilege. It is not a right. In consideration for the privilege of participation in activities at the Stadium, I and my Parent/Guardian, if applicable, acknowledge and agree as follows:
Participation in the activities of Licensee, including but not limited to warm-up, training, practice, games, clinics, travel, and social events (referred to herein as the “Activities”), may include participation in a full-contact sport which requires good health and fitness and can be HAZARDOUS AND PRESENT A DANGER TO ME. I believe I am qualified and of sufficient health and fitness to participate in the Activities, and if at any time I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activities.
Participation in Activities exposes me to RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH. Risks may arise out of contact and/or participation with other participants, spectators, equipment, field, facility and/or fixed objects, falls, collisions, rough play, and other mishaps; exposure to adverse weather conditions, and/or flaws and defects in equipment and facilities; irregular field conditions; and negligent field maintenance, negligent officiating, negligent coaching and negligent actions by other participants. Risks may be caused by my own actions, or inaction, the actions or inaction of others participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASED
RELEASE OF LIABILITY
PARTIES.” There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
ASSUMPTION OF RISKS: I CONSENT TO PARTICIPATION IN THE ACTIVITIES AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of such participation.
WAIVER AND RELEASE OF LIABILITY: In consideration for the privilege of my participation in the Activities, I hereby RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASED PARTIES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorney’s fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law. If I am a Minor, any claims for relief with respect to my personal injury and other injury or harm, disability, and/or death, or property damage, suffered by me and incurred on my account arising directly or indirectly from my participation in Activities, as caused or alleged to be caused in whole or in part by any of the Released Parties. I and my parent/guardian further agree that if, despite this Release, I or any other person makes a claim on my behalf against any of the Released Parties, I AND MY PARENT/GUARDIAN, IF APPLICABLE, WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY ME, MY PARENT/GUARDIAN, IF APPLICABLE, OR ANOTHER PERSON to the extent permitted by applicable law.
GOVERNING LAW, VENUE, AND JURISDICTION: I understand and agree that this document is intended to be as broad and inclusive as permitted under applicable law and shall be governed by Texas law. In the event of a dispute, the exclusive venue and jurisdiction for any lawsuit arising out of such dispute shall be the courts of Harris County, Texas, USA, or the federal courts located in Harris County, Texas, USA.
SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
CONSENT
I HEREBY CERTIFY THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS. PRIOR TO SIGNING THIS AGREEMENT, I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT. I AM AWARE, BY SIGNING THIS AGREEMENT, THAT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASED
PARTIES. THIS RELEASE SHALL BE EFFECTIVE AND BINDING UPON ME. I FURTHER REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE OR, IF I AM UNDER THE AGE OF 18, THAT MY PARENT OR GUARDIAN HAS SIGNED THIS FORM IN THE “CONSENT” SECTION BELOW.
CONSENT OF PARENT/GUARDIAN FOR PARTICIPANTS UNDER 18: I REPRESENT THAT I AM THE:
PARENT/GUARDIAN OF THE UNDERSIGNED PARTICIPANT, WHO IS UNDER 18 YEARS OF AGE. I HAVE READ THE ABOVE RELEASE AND AM FULLY FAMILIAR WITH THE CONTENTS THEREOF. IN CONSIDERATION FOR ALLOWING MY CHILD/WARD TO PARTICIPATE IN ACTIVITIES, I HEREBY CONSENT TO THE FOREGOING ON BEHALF OF MY CHILD/WARD AND AGREE THAT THIS RELEASE SHALL BE BINDING UPON ME, MY CHILD/WARD, HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.